Dr. L. E. Cappe

The Ontario Review Board held an annual hearing to review the disposition of the accused, who was previously found not criminally responsible for criminal harassment and other offences.

The accused, diagnosed with schizophrenia, had been subject to a detention order at CAMH.

The Board accepted the expert psychiatric evidence that the accused continues to pose a significant threat to public safety due to her history of treatment non-compliance and risk of decompensation.

However, noting her recent stability, medication compliance, and successful community passes, the Board concluded that a detention order was no longer necessary and ordered a conditional discharge.

The Ontario Review Board conducted an annual review for an accused previously found not criminally responsible for assault offences.

The accused, diagnosed with schizophrenia and cannabis use disorder, had a successful year living in a highly supervised community residence and sought a conditional discharge.

The hospital and Crown sought a continuation of the detention order, citing the accused's fragile mental state and risk of rapid decompensation if he missed medication or used substances.

The Board found the accused continues to represent a significant threat to public safety and ordered the continuation of the detention order, while reducing his reporting requirements to recognize his progress.

The Ontario Review Board considered whether it has jurisdiction to review a hospital's decision to place a Not Criminally Responsible (NCR) accused in locked seclusion for more than seven days.

The hospital argued that seclusion is authorized by the Mental Health Act and common law, not by authority delegated by the Board, and thus falls outside the Board's review jurisdiction.

The Board rejected this argument, holding that the authority to seclude an NCR accused flows from Part XX.1 of the Criminal Code and operates in harmony with provincial legislation.

The Board concluded that seclusion constitutes a significant restriction on liberty and is subject to mandatory notice and review by the Board.